{(MX) 



HoUinger Corp. 
pH8.5 



D 639 
.P6 U6 
1920 
Copy 1 



Congress, 

Session. 



SENATE. 



( Document 
1 No. 241. 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 



MESSAGE 



FROM THE 



PRESIDENT OF THE UNITED STATES, 

TEANSMITTING 

IN RESPONSE TO A SENATE RESOLTJTION OF JANUARY 13, 1920, 
A COMMUNICATION FROM THE ACTING SECRETARY OF STATE 
SHOWING THE ACTION OF GREAT BRITAIN, FRANCE, ITALY, AND 
BELGIUM IN THE MATTER OF AMNESTY TO MILITARY, POLIT- 
ICAL, OR OTHER PRISONERS SINCE THE SIGNING OF THE 
ARMISTICE. 



March 1, 1920. — Read; ordered to lie on the table and to be printed. 



To the Senate: 

I transmit herewith a communication from the Acting Secretary of 
State replying to the resolution of the Senate, dated January 13, 1920, 
requesting that it be furnished with information showing what, if 
anything, Great Britain, France, Italy, and Belgium, or either of 
these governments have done, through legislative or executive proc- 
lamation, or otherwise, looking to the granting of amnesty to military, 
political, or other prisoners since the signing of the armistice, Novem- 
ber 11, 1918. 

WooDROW Wilson. 

The White House, 
February 27, 1920. 



The President: 

In response to a resolution adopted by the Senate of the United" 
States on January 13, 1920 (No. 278), requesting the Secretary of 
State " to procure and furnish the Senate information showing 
what, if anything. Great Britain, France, Italy, and Belgium, or 
either of these Governments, have done, through legislative or 
executive proclamation, or otherwise, looking to the granting of 
amnesty to military, political, or other prisoners, since the signing 
of the armistice November 11, 1918," the undersigned, the Acting 



2 AMNESTY TO PRISONERS SINCE THE ARMISTICE. 11^^ 3^ 

Secretary of State, has the honor to transmit herewith copies of 
tmnslations of the full text of the French amnesty law of October 
24, 1919, as published in the Journal OfRciel of October 25; copies 
of two notes of January 6, 1920, and January 20, 1920, respectively, 
received by the American ambassador at London from the British 
foreign office together with inclosures accompanying them explana- 
tory of the policy of the British Government with respect to the 
granting of amnesty; and a summary of the Italian amnesty decree 
of February 22, 1919, and copies of translations of the Italian 
amnesty decrees of July 4, 1919, and September 2, 1919, together 
with analyses of them, made in the office of the Judge Advocate 
General of the Army. 

I have further the honor to transmit to you a brief report of 
the steps taken in the question of amnesty by the Belgian Govern- 
ment. This report is based upon a telegram from the American 
embassy at Brussels; a translation of the Belgian amnesty law is 
being forwarded by mail to the Department of State and I shall 
not fail to transmit it to you in due course. 

There is also inclosed herewith a copy of an amnesty proclama- 
tion issued by the Governor General of Canada, dated December 
20, 1919. 

Respectfully submitted. 

Frank L. Polk, 
Acting Secretary of State. 

Department of State, 

Washington, February 19, 1920. 



[Translation— Extract from the Journal OflBciel of Oct. 25, 1919.] 
AMNESTY LAW. 

The Senate and the Chamber of Deputies have adopted. 

The President of the Republic promulgates the law, the tenor of 
which is as follows : 

Article 1 . Full and entke amnesty is granted for acts committed 
prior to October 19, 1919, and covered by the following articles of 
the penal code: 

153 to 157, inclusive; 161 to 162; 192 to 196, mclusive; 199 to 208; 
212 to 213; 222 to 230; 236; 249 to 252; 254 to 255; 257 to 259; 271 
to 276; 309, paragraphs 1 and 2; 311., paragraph 1; 314 and law of 
May 24, 1834; 319 to 329, inclusive; 337 to 339; 346 to 348; 356 to 
359; 373 to 376; 402, paragraph 3; 471 to 482. 

Art. 2. Full and entire amnesty is granted for the following acts 
committed prior to October 19, 1919: 

1. All offenses and contraventions m matters of meetings, elections, 
strikes, and demonstrations on the public highway; 

2. All offenses and contraventions covered by the law concerning 
the press of July 29, 1881, and infractions anticipated by the laws 
of June 11, 1887, and March 19, 1889; 

3. Infractions anticipated by the law of August 5, 1914, concerning 
indiscretions of the press in time of war; 

4. All infractions anticipated by the law of March 21, 1884, 

5. All mfractions anticipated by the laws of July 1, 1901, Dece . ber 
4, 1902, July 7, 1904; 

T),' ••4: i«'* 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 3 

6. All infractions anticipated by the law of December 9, 1905; 

7. All infractions anticipated by the laws of November 2, 1892, 
June 12, 1893, modified by those of July 11, 1903, March 30, 1900, 
and by the decrees relative to the protection of the work of adults 

8. All acts connected with the above infractions; 

9. Infractions of article 5 of the law of May 21, 1836; 

10. All offenses and contraventions in matters pertaining to for- 
estry, shooting, fishing in rivers and seas, roads and by-roads, the 
policing of traffic and police-court offenses, no matter what tribunal 
passed thereon; 

11. Offenses and contraventions in connection with the policing of 
railroads and street car lines; 

12. Infractions anticipated by the law of July 3, 1877, concerning 
requisitions ; 

13. Failure to declare wreckage and misappropriation of the same; 

14. All offenses and contraventions not condemned by the law of 
July 31, 1913, connected with the events which happened in 1911 in 
the wine-growing territories of the departments of Marne, Aube, and 
Aisne; 

15. Acts punished by article 408 of the penal code for condemna- 
tions pronounced against soldiers by court-martial conformably to 
the provisions of article 267 of the code of military justice and which 
did not exceed three months' imprisonment; 

16. All offenses committed (either before or after Aug. 1, 1914), 
the prosecution of which has been stopped or delayed by the state 
of war and the criminality of which would be to-day expunged by 
the privileges granted in the course of hostilities if these privileges 
had not been interrupted by further acts, exception being made as 
regards the infractions of the laws of July 24, 1867, and other com- 
pany laws, as well as articles 405, 406, 408, of the Penal Code: 

17. All acts having given rise to or which may give rise to disci- 
plinary penalties without entailing any right to reintegration. 

18. Infractions of article 4 of the decree of July 22, 1918, sanc- 
tioned by the law of February 10, 1918. 

19. Infractions committed in matters of indirect taxes when the 
amount of the compromise reached or the condemnations pronounced 
and passed into law do not exceed 100 francs, or when for cases which 
have not' yet reached a compromise or a definite condemnation, the 
minimum of the penalties incurred shall not be greater than 600 
francs. 

28. Infractions committed in customs matters, when the amount 
of the pecuniary penalties incurred or the compromise reached, but 
not yet final, do not exceed 625 francs, and when merchandise origi- 
nating or proceeding from enemy countries is not involved. 

Summonses for the execution of a contract in connection with 
work to be executed, and periods fixed for execution, as provided for 
by appUcation of articles 68, 69, and 174 of Book II of the Code of 
Labor and Social Foresight, shall be maintained. 

It shall not be considered that a new saloon or bar has been opened 
(new establishments being prohibited by art. 10 of the law of Nov. 
9, 1915) when it is a question of the reopening within six months 
from the date of the present law, of an establishment which was 
closed for infraction of the law of March 16, 1915, committed during 
the mobilization of its proprietor. 



4 AMNESTY TO PRISONERS SI3<rCE THE ARMISTICE. 

Art. 3. Full and entire amnesty is granted for infractions com- 
mitted before October 19, 1919: 

1. By all those who on this date shall have benefited by the decree 
of grace, by a total remittance of the penalty when it is a question of 
a crime or even a partial remittance, when it is a question of an 
offense. 

2. By all those who, on this date, shall have benefited by a suspen- 
sion of the execution of the penalty by application of the laws of 
March 26, 1891, June 28, 1904, and April 27, 1916. 

Art. 4. Full and entire amnesty is granted for offenses conunitted 
before October 19, 1919: 

1. By all sailors or soldiers who, during the war, were cited on the 
order of the day, prior to the infraction, or who have been disabled 
or placed on the retired list for wounds or illness contracted or 
aggravated in service. 

2. By fathers and mothers having had a son killed on the field of 
honor or disabled in the war. 

3. By widows of soldiers or sailors killed in the war. 

In no case shall the provisions of the present article of paragraph 
2 of the preceding article be applied to commercial transactions with 
the enemy or to acts condemned by the law of April 18, 1886, against 
espionage, by the law of April 20, 1916, relative to illicit speculation, 
and by article 20 of the law of July 1, 1916, on war profits. 

Art. 5. Full and entire amnesty is granted for all infractions com- 
mitted prior to October 19, 1919, anticipated by the following 
articles of the Code of Military Justice for the land forces: Articles 
211, 2 and 3; 212, 213, 2 and 3; 214, 216, 218, paragraphs 2 and 3; 
219, 2 and 3; 220, paragraph 4; 223, paragraph 2; 224, 225, para- 
graph 1; 229, 244, 245, 246, 254, 266, 271. 

Art. 6. Full and entire amnesty is granted for all infractions com- 
mitted prior to October 19, 1919, anticipated by the following articles 
of the code of mihtary justice for the sea forces T Article 282, 2; 283, 3, 
and the four last subparagraphs of same article; 284, 3; 285, 286, 287, 
288, 291, 294, paragraph 2; 295, 296, 2 and 3; 297, paragraph 4; 300, 
paragraph 2; 301, 2; 302, 303, 304, paragraph 1: 308, 325, 326, 327, 
328. 340, paragraph 1; 341, 342, 344, 345, 350, 359, 361, paragraphs 
2 and 3 ; 363, 369. 

Art. 7. Amnesty is granted for offenses penahzed in article 156 
of the Penal Code and committed by members of the land or sea 
forces prior to October 19, 1919. 

Art. 8. Amnesty is granted for acts of desertion in the inteiior 
when the oft'ender gave himself up voluntarily before November 1, 
1918, and when the duration of the desertion did not exceed two 
months. 

Art. 9. Aninesty is granted, conformably to the provisions of the 
preceding article, for defaulters who have' been declared such, prior 
to August 5, 1914. 

Art. 10. Amnesty is Hkewise granted for all offenses and contra- 
ventions in matters of maritime navigation conunitted prior to 
October 19, 1919, and, in particular, infractions of the provisions of 
the decrees, regulations, and orders of the maritime authorities made 
or given in execution of the law of July 2, 1916, on maritime pohcy. 

The fines paid to the Treasury shall not be reimbursed when the 
judgment which passed thereon became definitive prior to October 
19, 1919. 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 5 

Art. 11. All tradesmen mobilized in time of war, who prior to 
October 19, 1919, were declared bankrupt or in liquidation, are 
reinstated in all their rights, express reservation being made, how- 
ever, as regards rights of creditors. 

Art. 12. In no case can the amnestj" be opposed to the rights of 
third parties, which parties should bring their action before the civil 
court, if it is a matter for the court of assizes, or if the criminal court 
has not already the case in hand, without it being possible to oppose 
a plea in bar to the plaintiif as authorized by article 46 of the law of 
July 29, 1881. 

Art. 13. Any citizen having benefited by the amnesty and whose 
condemnation has caused his erasure from the electoral lists may, 
within the time Hmit of 30 days following the promulgation of the 
present law, claim his inscription on the Hsts of the commune where 
he was accustomed to exercise his electoral rights. 

The period of 30 days provided in the preceding paragraph shall 
only commence to run for the mobilized citizen from the day of his 
demobihzation. 

Art. 14. The present law is applicable to Algeria, the colonies, and 
protectorate countries where French jurisdiction is in force. 

Subjects of nations previously at war with France are excepted 
from these provisions. 

The present law, after discussion and adoption by the Senate and 
the Chamber of Deputies, will be executed as a law of the State. 

Given at Paris, October 24, 1919. 

R. POINCARE. 

By the President of the Republic: 

Georges Clemenceau, 

The President of the Council, Minister of War. 
Louis Nail, 
The Keeper of the Seals, Minister of Justice. 
Georges Leygues, 
The Minister of the Marine. 



Foreign Office, 

January 6, 1920. 

Your Excel*lency : In reply to Mr. Williams's letter to Mr. Stewart 
of the 11th ultimo, inquiring as to the policy of His Majesty's Govern- 
ment with regard to a general amnesty for soldiers and civilians, I 
have the honor to inform you that His Majesty's Government after 
carefully considering various proposals for the exercise of the royal 
prerogative in favor of prisoners seirving sentences of imprisonment 
of penal servitude decided that either a general measure of this kind 
or an amnesty for a particular class of prisoners would be open to 
serious objections. 

2. I inclose a copy of a reply made by Mr. Bonar Law to a question 
in the House of Commons on the 5 June last, announcing the cabinet's 
decision with regard to the grant of a general amnesty, together with 
copies of further questions and answers dealing with the release of 
prisoners and of a circular, issued by the home office, relative to the 
remission of minor offenses committed by members of His Majesty's 



6 AMNESTY TO PRISONERS SINCE THE ARMISTICE. 

forces prior to their joining the colors. Fines and terms of im- 
prisonment imposed in default of fines have been remitted in accord- 
ance with this circular, and incidents where the mere fact of a con- 
viction would have disqualified an ex-member of His Majesty's 
forces from holding a license, e. g., a license to sell liquor, or operated 
to prevent the grant of a license, e. g., to drive a public carriage, the 
home secretary has recommended His Majesty to grant a free pardon 
in order that the disqualification may be remitted. 

3. I have to add that the general remission in the nature of an 
amnesty which was granted on the occasion of the accession of His 
present Majesty in 1910 gave rise to considerable difficulty, and from 
the experience then gained His Majesty's Government concluded 
that the disadvantages attached to a general amnesty to persons 
convicted of criminal offenses were calculated to outweigh any 
resultant benefits. 

I have the honor to be, with the highest consideration, 
Your Excellency's most obedient, humble servant. 



Home Office, Whitehall, 

August 1, 1919. 
Outstanding warrants against discharged soldiers. 

Sir: I am directed by the secretary of state to say that several 
cases have come to his notice in which a discharged member of His 
Majesty's forces has been arrested on an outstanding warrant in 
respect of an offense of a trifling character committed before the de- 
fendant joined the colors. He is of opinion that in such cases the 
police should always consult the magistrates before taking any steps 
to execute the warrant. 

In those cases where the man has been convicted and the warrant 
is for his committal to prison in default of payment of a fine he would 
be glad if the police would inform the magistrates that if they think 
remission of the penalty would be justified on the ground of the man's 
service in His Majesty's forces since the commission of his offense he 
would be ready to consider favorably any recommendation to this 
effect they might feel able to make. 

I am, sir, your obedient servant, 

H. B. Simpson. 

The Chief Constable. 

December 10, 1919. 

Mr. Kiley asked the secretary of state for war whether he is aware 
that during the war many soldiers were sentenced to terms of im- 
prisonment for offenses other than criminal; is he aware that these 
men were not then imprisoned but were put in the firing line, and 
those who were not killed or maimed were sent to prison after the 
armistice was signed; and, in view of the fact that nearly all the 
Great Powers have released their military prisoners, is he prepared to 
advise similar action so far as British soldiers are concerned ? 

Mr. Churchill. I can not accept the terms of the honorable mem- 
ber's question as a correct representation of the facts. During the 
war many soldiers were sentenced to terms of penal servitude and im- 
prisonment for offenses other than those of a criminal nature, of whom 
many thousands in fact never served one single day of such sentences. 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 7 

This is due to the operation of the army suspension of sentences act, 
which I venture to claim is the most humane measure that has ever 
been passed in the history of the British Army. Under that act it is 
possible for a soldier by an act of gallantry or satisfactory conduct in 
action, or by a period of good conduct, to earn absolute and complete 
remission of his sentence. There have been cases where soldiers con- 
victed by courts-martial of most serious offenses have within a few 
weeks, or even days, earned immediate remission of their sentence 
through their gallantry in action. I can not state exactly the number 
of cases where sentences have been suspended, but 20,000 men have 
probably received the benefits of this act. All sentences in a state 
of suspension lapsed automatically on the demobilization of the 
soldiers, and, moreover, the fact that a soldier is under suspension 
of sentence does not debar his demobilization. 

On the other hand, with regard to soldiers who have abused the 
privileges which the act has extended to them, there was power under 
the act that for subsequent offenses of misconduct the sentence so 
suspended might be put into execution. Again, I can not quote 
precise figures, but there doubtless has been a considerable number of 
cases where soldiers have been committed to prison to undergo a 
previously suspended sentence. 

But the clemency which has been extended to the soldier does not 
end with the army suspension of sentences act. A most careful and 
complete review of all sentences of penal servitude and imprisonment 
has been going on not only all through the war but since the armistice 
as prisoners arrive in this country, and as a result I am glad to be 
able to say that the sentences of all soldiers under sentence at the 
armistice have now passed under review with the following result : 

Four hundred and forty-five sentences of penal seivitude have been reviewed for 
the first time. 

Of these there have been 40 complete remissions and 96 immediate 
mitigations to lesser punishments. 

Of these 445, 198 sentences of penal servitude have now been re- 
viewed for the second time and large reductions eJEfected. 

To give an idea of the scale of the reduction I should mention that 
of the 198 cases reviewed, a second time, 1,207 years out of an aggre- 
gate of 1,659 years have been eliminated from the sentences, and 
the prisoner informed of the exact day when he will be released 
from prison provided he behaves himself. 

This second review will in due course be completed, and a similar 
scale of reductions may be anticipated with regard to them; 918 
cases of imprisonment have been reviewed, of which 251 have been 
totally remitted and 330 commuted to the lesser punishment of 
detention. 

Further, about 950 soldiers have been released from detention, 
and the weekly releases from detention average about 40. It will 
thus be seen that no soldier has been permitted to remain undergoing 
penal servitude imprisonment, or detention without the most carefiil 
inquiry and consideration having been given to his case, and the 
most substantial remissions possible being granted to him. 

It can fairly be claimed, therefore, that no soldier has during this 
war or since been allowed to remain forgotten in prison. The utmost 
clemency has been extended to him all through the war, and since 



8 AMNESTY TO PRISONERS SINCE THE ARMISTICE. 

not only by the operations of the army suspension of sentences act 
but by the continuous review to which all sentences have been and 
are being submitted. 

If any Member ^vill place me in possession of the particulars of any 
case in "which he considers hardship is being inflicted, I shall be glad 
to furnish all information as to the nature of the offenses which the 
soldier has committed, the punishment which he is undergoing, 
and the date upon which he will secure his release if his conduct is 
satisfactory. 

peace celebrations — amnesty (cabinet decision). 

June 5, 1919. 

Lieut. Commander Kenworthy asked the Prime Mnister whether 
he will advise His Majesty to grant an amnesty to men in prison for 
purely political, naval, and military offenses on the signing of the 
peace treaty l 

Mr. BoNAR Law. After very careful consideration of the subject 
by the Cabinet it has been decided not to adopt the course suggested. 

military prisoners statement by mr. churchill. 

December 10, 1919. 

Mr. T. A. Lewis asked the Secretary of State for War whether he 
can see his way to release all soldiers now serving sentences of penal 
servitude and imprisonment for purely military offenses ? 

Mr. Churchill. As I have already stated on previous occasions, 
the Government decided after very careful consideration not to adopt 
the course suggested. I would, however, draw my honorable friend's 
attention to the statement which I am about to make in answer to 
question No. 82 on the subject of the suspensions and remission of 
sentences generally. 

british army military offenses (sentences). 

December 16, 1919. 

Mr. Hailwood asked the Secretary of State for War whether he 
will consider the release of all men in the Army who are undergoing 
sentences for military offenses committed during the war? 

Mr. Churchill. I would refer my honorable friend to my reply 
on Wednesday last to my honorable and gallant friend the member 
for Pontypridd, and to the full statement which I made on the sub- 
ject of the suspension and remission of sentences general!}'. 

Mr. Hailwood. Does not the right honorable gentleman consider 
that a man with two or three years' service to his credit is more 
entitled to release than a conscientious objector? 

Mr. Churchill. I do not quite realize what my honorable friend 
has in his mind. Does he mean that a man who has committed a 
murder with two or three years' military service is more entitled to 
release than a conscientious objector? 

Mr. Hailwood. No; I meant men having two or three years 
service to their credit, although they have committed some military 
crime, are more entitled to freedom than conscientious objectors. 



AMISTESTY TO PEISOlifERS SIIfCE THE ARMISTICE. 9 

Mr. Churchill. The men who are in prison still have committed 
the most serious military crimes — crimes which in war time are 
practically within the area of the death sentence. I do not consider 
it is possible to deal with such men in any other way than the way we 
have done. 

Foreign Office, 

January 20, 1920. 

Your Excellency: With further reference to my note No. 
167195/50, of the 6th instant, relative to the policy of His Majesty's 
Government with regard to a general amnesty for soldiers and civil- 
ians, I have the honor to inform you of the following further particu- 
lars with regard to offenses against discipline in the navy. 

Serious offenses of this nature were relatively few in number during 
the war, notwithstanding the great increase in naval forces and the 
subjection to naval discipline of mercantile ratings in auxiliaries. 

Throughout this period there was no practical increase in the 
exceptional powers conferred on senior naval officers in res]:)ect of 
summary punishment and court-martial sentences, and all serious 
cases continued, as in time of peace, to be submitted for review to 
the admiralty, thereby insuring the immediate standardization of 
sentences and their reduction or suspension where it appeared neces- 
sary to the lords commissioners. 

The same system has been observed with regard to offenses com- 
mitted since the armistice and has enabled the admiralty to take 
into consideration any exceptional hardshiu or other mitigating cir- 
cumstances and to reduce sentences or remit punishments when such 
action appeared justifiable. 

I have the honor to be, with the highes t consideration, Your Excel- 
lency's most obedient humble servant, 

For Earl Curzon of Kedleston : 

Gerald Spicer. 

His Excellencv the Hon. John W. Davis. 



Summary of Italian amnesty decree, as published in the Gazzetta 
Ufficiale of February 23, 1919: 

for military offenses. 

An amnesty is granted — 

1. For all offenses, to those decorated for bravery and to those 
promoted for good conduct on the field. 

2. For all offenses with some exceptions (arson, looting, homicide, 
rebellion, treason, espionage, etc.) to men maimed in the war. 

3. For offenses arising from infractions of the penal and disciplinary 
regulations in force in factories producing war material. 

4. For offenses which are punished by a maximum penalty of 
three years' imprisonment, or 3,000 lire fine, or suspension from 
service. 

5. For offenses committed through negligence or uicapacity, unless 
committed for pecuniary motives. 



10 AMNESTY TO PRISONERS SINCE THE ARMISTICE. 

6. For those offenses of desertion in regard to which penal pro- 
ceedings have been suspended, or else for a period of unauthorized 
absence under 15 days in regard to deserters who reported themselves 
of their own free will before October 31, 1918, or who have some war 
merits (wounded, maimed men, etc.), or who committed the offense 
at the end of a furlough or exemption period, or else after the cessa- 
tion of hostilities. 

7. For offenses of aiding and abetting desertion committed by 
close relations of the deserter. 

Sentence is commuted in certain specified cases of desertion or 
complicity in desertion; in regard to sentences entailing a maximum 
of three years' imprisonment or a maximum fine of 2.000 lire; or 
suspension from service inflicted upon officers by the military courts, 
the execution of which sentences was deferred during the war. 
Other sentences are reduced by three years or by 2,000 lire. Sus- 
pended or deferred sentences are commuted to conditional sentences, 
and if heavier than three years are reduced to that limit, always 
with the condition that the offender has satisfactorily accomplished 
his military duties during the period of suspension of sentence. 

The following are excluded from the greater part of these benefits : 
Those who have already been sentenced to more than six months' 
imprisonment for offenses against persons or property, as well as 
those placed under special surveillance. 

The option is given of granting the suspension of pecuniary sen- 
tences or of sentences not greater than 18 months' imprisonment; 
of granting provisional libert}^ for those offenses which the law 
punishes with sentences not greater than 20 years' imprisonment; 
and of granting conditional liberty to those condemned to a term of 
more than two years, who have served half their sentence and not 
less than two years, always with the condition that the remainder of 
the term does not exceed four years. 

FOR NONMILITARY OFFENSES. 

An amnesty is granted — • 

1. For those offenses in regard to which the law inflicts a minimum 
sentence of five years' imprisonment or any pecuniary sentence 
whatsoever to those decorated for bravery or promoted for merit 
of war, and in regard to offenses punished with a sentence of less 
than three years' imprisonment to those maimed in the war; 

2. For offenses of failure to report for military service in regard 
to which the penal proceedings or the execution of the sentence has 
been suspended; 

3. For certain off enses against the security of the State — outrage to 
the flag; insults to the Eling, the Chamber, or the Senate; censure of 
the King or of the constitutional institutions; 

4. For oft'enses of instigation to crime and of excusing crime; 

5. For offenses committed in connection with popular movements, 
demonstrations, etc.; 

6. For infractions of the regulations concerning the press and of 
some of the special measures adopted in regard to public security; 

7. For oft'enses committed by minors, if younger than 16 years of 
age, and first oft'enders; 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 11 

8. For offenses committed by relatives (parents, children, wife, 
or brothers and sisters) of those killed or maimed in the war, in 
regard to which offenses the sentence inflicted is not greater than 
30 months' imprisonment or a fine of 3,000 lire; 

9. For all offenses which are punished with a sentence of not more 
than 6 months' imprisonment or with a fine of not more than 2,000 
lire; 

10. For all infractions of the laws and regulations concerning the 
formalities of registration, the notarial arrangements, and the postal 
laws; for infractions of some of the regulations of the commercial 
code— concerning the obligations of societies in regard to deeds, 
convocations of general assemblies, issue of bonds, stock, both 
registered and payable to bearer; administration and liquidation of 
companies, administration of cooperative societies, foreign societies, 
etc.; 

11. For infractions of the regulations concerning foodstuffs. 

Pardons and reductions of sentences are also granted to the rela- 
tives of those killed or wounded in the war, as well as in regard to 
sentences of not more than 4 months' imprisonment or a fine of 1,000 
lire. 

Similarly to what has been settled by the decree concerning the 
military offenses, here, too, the following are excluded from the 
greater part of the above-mentioned benefits: Those who have already 
been sentenced more than once or only once; for more then six 
months; for association; for criminal purposes; for offenses against 
persons or property, as well as those placed under special surveillance. 

Official communication of the Stefani agency concerning the 
amnesty decree: 

The measures concern on one hand offenses of a purely military 
character and on the other offenses which are also covered by the 
other laws. 

MILITARY OFFENSES. 

In regard to the above it is to be noted that this act of clemency 
aims not only at the pacification of minds, through a generous 
pardon,, total or partial, granted to those who, in a moment of 
weakness and discouragement, failed to do their entire duty during 
the war; but also answers some obvious demands of equity that call 
for the employment of certain measures which, while they were 
necessary in moments of great anxiety for the fate of the country, 
might to-day seem too severe and therefore no longer necessary. 

The present decree is inspired by a fundamental conception 
according to which — apart from the lighter offenses, the clemency 
of the sovereign must be directed only to those who are most de- 
serving owing to the valor shown in the war or to those who endeav- 
ored to retrieve their past by performing their military duties well, 
thus blotting out their misdemeanors. 

AMNESTY. 

The regulations concerning the amnesty-y-in regard to which 
for legal and penal purposes the offense is considered as never having 
taken place — establishes four categories of persons. 

First of all, those who behaved with valor in the war, namely, 
those who have been decorated with medals for valor or who have 



12 AMZSTESTY TO PRISONERS SINCE THE ARMISTICE. 

been promoted for merit of war; secondly, those who have been in- 
capacitated through gi-ave lesions or infirmities arising from their 
war service ; thirdly, all the personnel of the mihtary and auxiliary 
establishments; and, finally, all the others, military and civilians, 
who were condemned by military courts. 

Naturally the proportion of benefits is different in regard to each 
of these four categories. 

TOTAL OR PARTIAL COMMUTING OF SENTENCES. 

The regulations concerning the pardon — which abolishes the 
sentence totally or in part, leaving, however, the existence of the 
offense — distinguishes among the following categories of persons: 

1. Soldiers given a sentence already suspended and who have 
had an "irreproachable conduct, " so that their respective commanders 
have already proposed them for total or partial pardon of the sen- 
tence ; 

2. Soldiers given a sentence which has already been suspended 
and who have ' 'faithfully performed their duty and whose conduct has 
been good," but who have not been proposed for pardon; 

3. Soldiers given a sentence which was not suspended owing to 
their unfitness for war service. 

4. Soldiers and civilians guilty of an offense total sentence 
for which does not exceed three years if it consists of imprisonment, 
and 2,000 lire if it consists of a fine. The respective benefits granted 
to these various categories of offenders are: 

For the first, the total or j)artial pardon in accordance with the 
proposal already made by their commanding officers ; for the second 
category, the granting, of a conditional sentence, together with the 
reduction of the sentence to a maximum of five years; for the third 
category,' the reduction of the sentence to one-third of its total. 
For those condemned in the circumstances mentioned in article 4, 
total par'don. 

Finally, in regard to all those who were given other sentences that 
were neither deferred nor suspended, a reduction of three years is 
granted, when the sentence concerned is one of imprisonment, and 
of 2,000 lire when the sentence concerned is a fine. The following, 
however, are excluded from the above-mentioned advantages; 
those who infficted wounds on themselves and those guilty of the 
graver offenses, such as homicide, highway robbery, rape, the more 
serious forms of fraud in military supplies, etc. 

OFFENSES OF DESERTION AND OF AIDING AND ABETTING DESERTION. 

The decree contains especial regulations for offenses of desertion 
and of aiding and abetting desertion. 

First of all the decree excluded from all benefits — as undeserving 
of the clemency of the sovereign — ^deserters from first-line units in 
face of the enemy or those who went over to the enemy, as well as 
armed military deserters who made use or attempted to make use 
of their arms against the police. 



AMNESTY TO PRISONEES SUsTCE THE ARMISTICE. 13 

On the contrary, the amnesty applies to : 

(a) Soldiers whose penal proceedings were suspended because of 
ihe fact that they were deserters for the first time and who did 
military service for at least 6 months : 

(b) Deserters whose absence did not last longer than 15 days and 
who are included in one of the following categories: 

1. Those who reported themselves of their own free will before 
October 31, 1918 (that is, before the conclusion of the armistice); 

2. Those who performed their war duties well, who were awarded 
recompenses, or who were severely incapacitated; 

3. Those who delayed their return after a furlough or after a 
period of exemption, but whose service was good and who were 
maimed or wounded; 

4. Those who abandoned their post only after the armistice, and 
who always served faithfully, and whose conduct was good. 

In regard to the offense of aiding and abetting desertion, the 
decree differentiates according to whether the accomplice was a 
stranger to or a close relation of the deserter, granting the latter a 
full pardon and decreasing the sentence of the former by one-third, 
except in regard to those who committed the offense for purposes 
of gain or in favor of deserters excluded from the benefits of the 
present decree and also those who were not first offenders. 

NONMILITARY OFFENSES. 

It is but natural that in regard to these offenses also greater con- 
sideration should be paid to those who can be called the more direct 
artisans of the victory, namely, those decorated with medals for 
valor, those promoted for merit of war, those disabled, or, to a lesser 
extent, those who served faithfully in the Army for a certain time. 

It has been thought advisable to join to these, within certain 
limits, for the benefits of the amnesty, those who even if they were 
not in a condition to take part in the war by exposing their own 
persons, still suffered sorrows and sacrifices through their losses in 
the persons of their dearest relations. 

A second group of regulations deals, independently of all elements 
of merit, direct or indirect in the war, with all the offenses in general 
which are not of a particularly grave sort and which do not tend 
to show a particular depravity of mind. 

Thus a just breadth of views has been employed also in regard 
to offenses arising from conflicts of a political or economic sort, 
committed by the masses, not so much through evil tendencies as 
through a collective aberration in the appreciation of certain situa- 
tions or in the wish of desired improvements. 

The motive and character of the present amnesty, however, have 
made it imperative to exclude absolutely from its benefits not only 
t^e offenses committed against the highest interests of the country, 
but also those consisting in frauds and speculations harmful to the 
resistance of the country. 

Besides, in the field of special war legislation also it is proposed 
to extend the clemency to all those offenses which were committed 
through ignorance or necessity and which form but unimportant 
cases. 



14 AMNESTY TO PRISON^EKS SINCE THE AEMISTICE. 

ROYAL DECREE NO. 1083, JULY 4, 1919. 

Article 1. Offenses which in virtue of the present decree and of 
article 5 of Royal Decree No. 160 of February 21, 1919, are devolved 
to ordinary jurisdiction, the rules and sanctions of the Penal Code 
are to be applied. 

Art. 2. Devolved to the ordinary judicial authorities are all pro- 
ceedings which are pending and which should be brought before 
the war or territorial military tribunals or maritime tribunals of 
the territories, as comprised within the confines of theEjingdom, as 
against persons or for offenses subject to military jurisdiction onlj^ 
during war time, irrespective of the manner of subjection by proclama- 
tions or special laws issued during the war.' 

Art. 3. Devolved to ordinary jurisdiction is the judgment of 
offenses committed by soldiers exempted from active service during 
the period of exemption, and by workmen under military control, 
except that they be facts established as offenses exclusively in the 
military penal codes. 

Art. 4. The military jurisdiction in respect of persons that are 
subject to it in conformity with articles 323 and those succeeding, 
of the army penal code, article 361 and following articles of the mari- 
time military penal code, ceases from the day on which the class or 
category to which the soldiers belong, is released from service except 
those that may have been detained for reasons peculiar to the service 
or for other motives reflecting their personal qualities. 

Art. 5. Subject to military jurisdiction, notwithstanding their 
release from military service, are all persons charged with having 
committed offenses, during their inilitary service, considered as such 
exclusively in military penal codes, irrespective of the period in which 
penal action has commenced. 

Subject in like manner to military jurisdiction, even after their 
release from service, are the soldiers of the Royal Army, of the Royal 
Navy, customhouse officers and their dependents, for offenses as 
established in articles 179, 180, 188 of the penal code of the army, 
and 201, 202, 211 of the maritime military penal code if the damage 
done to the military administration, to the corps, or to individuals 
comprising same, should exceed 500 lire, and in the articles from 
191 to 199 of the army penal code and from 213 to 220 of the maritime 
military penal code. 

Art. 6. From the disposition of the preceding articles are ex- 
cepted the proceedings which, at the date on which the present 
decree becomes operative, have already begun, and those relative 
to the crimes of treachery and espionage irrespective of the stage 
arrived at in the examination or judgment. 

Against sentences passed in such proceedings after the present 
decree has come into force, and against sentences already passed 
in proceedings relative to offenses which, in accordance with the pres- 
ent decree and Royal Decree No. 160 of February, 1919, are devolved 
to the ordinary jurisdiction, an api^eal for annulment is permissible 
to the supreme war and marine tribunals, even where sentences of a 
war tribunal or extraordinary military tribunal are concerned. 

When the supreme tribunal annuls and remits the said sentences, 
the new judgment comes within the competency of the ordinary 
judicial authorities, excepting cases dealing with offenses of treachery 
and espionage. 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 15 

Art. 7. Whereas the ordinary validity holds good for the acts of 
examination accomplished by the military judicial authorities in 
the proceedings which, pursuant to the present decree, devolve to 
the ordinary judicial authorities, the latter will provide, if neces- 
sary, for the closing of the examination and for the remitting to judg- 
ment, in accordance with the rules of common penal proceedings. 

In the proceedings proper the military judicial authorities remits 
the acts to the public prosecutor at the court of appeals of the respec- 
tive district, which provides for the ulterior course in accordance 
with the rules governing ordinary competency. 

Art. 8. Excepting that which is established by the preceding 
articles, and excepting the application of article 311 of the army 
penal code, all proceedings pending before military war tribunals 
included within the confines of the kingdom are remitted on suppres- 
sion of the tribunals proper, and after the cessation of hostilities, to 
the territorial military tribunal under whose jurisdiction comes the 
drafting district to which the accused belongs. 

Unchanged is the disposition as per paragraph of article 575 of 
the army penal code. 

Art. 9. Invalid are the provisions relative to the suspensions or 
respites of the execution of sentences passed by military tribunals, 
with the exception of those which concern conditional conviction 
and the faculty of common penal proceedings pursuant to article 
583 of the code. 

The limit in respect of penalties as per Article I of Royal Decree 
No. 160 of February 21, 1919, for the applicabihty of the benefit 
of conditional convictions, is augmented to two years. 

Art. 10. The revision of sentences of military tribunals and mili- 
tary maritime tribunals is permitted in cases conforming to and 
reflecting Chapter IV, Title III, Book III of the code of penal pro- 
ceedings in force at present, with the modifications established, 
respectively, in Nos. 1 and 2 of article 537 of the army penal code 
and article 566 of the military maritime penal code. 

Art. 11. The present decree takes effect on the date of its pub- 
lication in the Gazetta Ufficiale del Regno. 



ANALYSIS OF ITALIAN ROYAL DECREE OF JLTLY 4, 1919. 

A. Transfers to "ordinary judicial authorities," i. e., civil tri- 
bunals, all proceedings against persons or for offenses which are 
subject to military jurisdiction during war time only, "irrespective 
of the manner of subjection by proclamations or special laws issued 
during the war," saving only — 

1. Treachery and espionage. 

2. Proceedings which have already been begun. 

B. Allows appeals from all sentences of the class covered by sub- 
head (a), i. e., against persons or for offenses subject to military 
jurisdictions during v/ar time only, whether — 

1. Adjudged after this decree takes effect (under the provisions of 
subhead (a), retaining jmisdiction in military courts of proceedings 
already begun), or (2) "already passed" to the supreme w^ar and 
marine tribunal, (3) "even where sentences of a war tribunal or 
extraordinary military tribunal are concerned." 



16 AMNESTY TO PRISONEES SINCE THE ARMISTICE. 

C. In case of reversal ("annulment'') on appeal of any case ap- 
pealed under the provisions of subhead (b), the case is to be remanded 
for a new trial to "the ordinary judicial authority/' i. e., to the 
proper civil tribunal. 

1. Except cases of treachery and espionage. 

D. The revision of sentences of military tribunals and military 
maritime tribunals is permitted in certain cases. 

1. (Viz, cases falling within chap. 4, Title III, Book III of the Code 
of Penal Procedure, as modified by sees. 1 and 2 of art. 537 of the 
Army Penal Code and art. 566 of the Military Maritime Penal Code.) 

E. Proceedings not covered by the provisions of subheads (a) and 
(h) pending before a military war tribunal are to be transferred upon 
the suppression of those tribunals after the cessation of hostilities to 
the territorial military tribunals. 

1. Saving the provisions of articles 311 and 575 of the Army Penal 
Code. 

F. The provisions relative to suspension and respite of the execu- 
tion of sentences of military tribunals are repealed, excepting — 

1. Those concerning conditional convictions "and the faculty of 
common penal proceedings pursuant to article 583 of the code." 

G. The limit in respect of penalties as per article 1 of Royal Decree 
No. 160 of February 21, 1919, for the applicability of the benefit of 
conditional convictions is augmented to two years. 



ANALYSIS OF ITALIAN ROYAL DECREE OF SEPTEMBER 2, 1919. 

A. Desertion. 

1. Amnestied if the total authorized absence (even if repeated) do 
not exceed six months. 

2. If the absence exceeded six months the punishment is com- 
muted to conditional conviction, and is reduced as follows: 

(a) Solitary confinement reduced to 10 years' "military reclusion." 
(h) All other punishments to 5 years' "military reclusion." 

B. Excluded from all amnesty: 

1. Desertion to the enemy. 

2. Armed desertion (under art. 4, royal decree No. 1952, Dec. 10, 
1917). 

C. Shirkers ("renitenti") (equivalent to French "insoumis," men 
who failed to respond to the call to the colors). Amnesty is granted 
to men who — 

1. Served or registered for service in one of the allied or associated 
armies prior to November 4, 1918. 

2. Were exempted by an allied or associated government from 
military service because connected with industries or administration 
affecting the defense and the economy of the state. 

3. Had resided up to the time of the call to arms and during the 
war up to November 4, 1918, in: An enemy country; Russia; Rou- 
mania; countries outside of Europe (except Italian dominions and 
protectorates, Egypt, Tunis, Algeria, or Morocco) . 

4. Were unfit for military service because of physical infirmity. 

D. Amnesty is granted for all other mihtary offenses committed 
during the war punishable by restrictions of personal liberty not 
exceeding 10 years, or by pecurdary fines or forfeitures not exceeding. 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 17 

10,000 lire, or by dismissal, compulsory resignations, removal, de- 
privation, or suspension from rank, or suspension from employment. 

E. Punishment for other offenses are commuted as follows: 

1. Punishments restricting personal liberty over a period not ex- 
ceeding seven years, and pecuniary punishments not exceeding 
10,000 lire, are "condoned." 

2. More severe punishments are curtailed "to the same extent," 
provided, "suspension or dilation has not been ordered." 

3. Sohtary confinement for life is "reduced by one grade." 

F. Excluded from pardon: 

1. Deserters to the enemy. 

2. Individuals convicted of treachery. 

3. Those convicted of oft'enses against enlistment (under arts. 74 
and 66, pars. 1 and 2, of the Military Penal Code; and arts. 75 and 76,, 
pars. 1 and 2, of the Military Maritime Penal Code). 

G. Convictions to military reclusion and to confinement, "inflicted 
or to be inflicted": 

1. Commuted to conditional convictions, and at the same time, 

2. Reduced by one-half if they amount to or exceed 20 years, and 
by one-third if less than 20 years. 

H. Punishments inflicted of which suspension or "dilation" of 
execution during the war has been ordered are — 

1, Commuted to conditional punishments, and also 

2. If over five years, reduced to five years. 

I. The benefits of this decree are to be applied by the "ordinary 
judicial authorities," as well as by military and naval authorities. 

J. Cumulation of benefits in the event of concurrence of more than 
one of the benefits of this decree (or of this decree and that of Feb- 
ruary 21, 1919, together) in favor of the same person, the most 
favorable benefit is to be applied. 

In case of the concurrence of the benefit of reduced punishment 
with that of conditional conviction, the two benefits cumulate. 

In case of the concurrence of offenses and punishments, the 
amnesty is applied separately to each offense. 

K. As to all sentences commuted under this decree to conditional 
conviction, the commutation is to become final, and the conviction 
to cease to have any effect if the convicted person does not commit 
at any time within five years from the date of this decree any offense 
against either the military or the civil code. 

1 . Penalties of loss of rank and suspension of employment inflicted 
as necessary to punishments of restricted personal liberty which are 
pardoned or commuted under this decree may be removed upon 
application with the approval of the general military advocate (judge- 
advocate general). 

Civil offenses amnestied: 

{a) Publications, offenses committed "through the medium of the 
press" prior to July 28, 1919. 

Q)) Manslaughter. 

(c) Criminal wounding. 

id) Political offenses: 

1. Offenses committed during popular disturbances, public demon- 
strations, and agitations due to political or economic causes. (Ex- 
cluding homicide.) 

S. Doc. 241, 66-2 2 



18 AMNESTY TO PRISONERS SINCE THE ARMISTICE. 

2. Offenses against the ''freedom of labor." 

3. Wrongful "abandonment of one's duty" (under art. 191, Penal 
Code). 

4. Violence, insults, and resistance to public authority, instigating 
disturbances, agitations, etc., provided (1) the person condemned had 
not been previously convicted for this kind of offense, and provided 
(2) the offense was committed before July 22, 1919. 

5. Violations of the royal decree of May 23, 1915, containing 
extraordinary provisions for the public safety. 

(e) Criminal abortion. 

(f) Offenses against property not included in the foregoing, and of 
a character upon which no penal action may be taken without a com- 
plaint being lodged. 

(g) Violations of certain articles of the Penal Code concerning 
public order and public protection of property, and violations of the 
police service act, and of proclamations issued by military authorities 
relating to the conduct of civilians. 

(h) Any other offense punishable only by pecuniary penalty not 
exceeding 100 lire or by restriction of personal liberty not exceeding 
one month (except violations of royal decrees Nos. 1146 and 1296, 
July 13 and 14, 1919, and No. 1360 of Aug. 3, 1919). 

(i) Surtaxes and pecuniary penalties incurred and not paid up to 
the date of the promulgation of this decree for infractions of the law 
concerning stamp taxes, taxes on registration, on succession, and 
other taxes. 

(j) Railway men: Penalties imposed on the personnel of the State 
railways for various violations of the regulations relating to them. 

Military offenses: The following military offenses are amnestied 
outright : 

Every criminal offense created by any provision of royal decree or 
by proclamation of the military authorities. 

Personal amnesty to soldiers and persons in the military service: 

(a) Complete amnesty for offenses prosecution of which was sus- 
pended by royal decree No. 811. July 10, 1915. 

"If the suspension is derived from military service done by the 
person accused, and provided the question concerns an offense pun- 
ishable by a penalty restricting personal liberty not exceeding a maxi- 
jnum of 10 years or by a pecuniary penalty of any amount." 

(b) Any offense committed by any person who prior to the date of 
the offense — 

1. Vv^as disabled because of wounds or infirmities suffered during 
war service or by certain acts of war. 

2, Had gained two medals for valor or had been promoted twice, 
or had received one medal for valor and one promotion. 

(c) Any offense punishable by a penalty restricting personal 
liberty not exceeding five years or hj a pecuniary penalty in any 
amount, if the person accused had prior to the date of the offense 
(1) gained one medal for valor, or (2) received one promotion. 

Partial amnesty: A reduction of one-half of the penalty is granted 
in favor of all persons who have had no previous conviction for 
crime, in all cases punishable by a pecuniary penalty not exceeding 
3,000 lire, or by restriction of personal liberty not exceeding one 
year (provided none of the provisions for complete amnesty are 
applicable). 



AMNESTY TO PKISONERS SINCE THE ARMISTICE. 19 

Complete amnesty is also granted for violation of certain articles 
of the Penal Code relating to ''criminal acts against the country and 
the state powers." 

The amnesty, except where othervdse specifically provided, applies 
to all acts committed prior to the date of the promulgation of the 
decree. 



Italian Amnesty Decree of September 2, 1919, Published in 

THE GazETTA UfFICIALE MILITARY OfFENSES. 

deserters. 

Art. 1. Amnesty is conceded in cases of desertion, even if re- 
peated, provided the total period of arbitrary absence does not 
exceed six months. 

If the total period of arbitrary absence should exceed six months, 
the punishments inflicted or to be infhcted for the offense of desertion 
are commuted to conditional convictions, substituting 10 years' 
military reclusion for solitary confinement for life, and reducing to 
5 years the same punishment for all the others. Excluded are the 
cases of desertion to the enemy and offenses of armed desertion as 
provided for in article 4 of Ro3^al Decree No. 1952 of December 10, 
1917. 

residents in foreign countries. 

Art. 2. Amnesty is conceded to shirkers C'renitenti"). The 
Italians make a distinction between men who have never served in 
the army and those who have. In the former case, men who do not 
answer the call are classed as ''renitenti," whereas the latter are con- 
sidered deserters (translator's note), and to deserters who did not 
answer the call to arms for mobilization during the war, who can 
advance extenuations in respect of one of the following conditions: 

(a) Men who have served in the allied or associated armies or at 
least have been registered for service in one of the said armies before 
November 4, 1918; 

(b) Who have been exempted by an allied or associated Govern- 
ment from military service because connected with industries or 
administrations affecting the defense and the economy of the State; 

(c) Who had resided up to the time of the call to military service 
and during the war up to the date indicated in paragraph (a) 
in an enemy country, in Russia, in Roumania, and in countries out of 
Europe (Italian dominions and protectorates, Egypt, Tunisie, 
Algeria, and Morocco excluded) ; 

{d) Who were unfit for military service in respect of infirmity as 
contemplated in the new schedule of physical imperfections and in- 
firmities which gave exemption from military service (1917 edition). 
In which case the party concerned shall deliver to the competent 
military advocate the proofs necessary for the application of the am- 
nesty. The amnesty does not dispense with the necessity of serving 
in the army of men who have been drafted in with the class to 
which they belong, except that they be entitled to exemption. 



20 AMNESTY TO PRISONEKS SINCE THE ARMISTICE. 

OTHER OFFENSES. 

Art. 3. Amnesty is conceded for tlie other military offenses com- 
mitted during the war, punished by restrictions of personal liberty 
not exceeding 10 years, or by pecuniary measures considered as 
separate punishment or conjointly with restricted liberty, not ta 
exceed 10,000 lire, or punishable by dismissal, resignation, removal,, 
privation, or suspension from rank from employment considered 
separately or in conjunction with the other punishments as indicated 
in the preceding article. 

Art. 4. Convictions to temporary punishments to be inflicted for 
the offense of desertion of soldiers who are still at large as the present 
decree comes into force, provided all subjects of imputation give 
themselves up to the consular military authorities of Italy, are 
conamuted to conditional convictions; solitary confinement for life 
is commuted to military reclusion. 

TEMPORARY PUNISHMENTS AND SOLITARY LIFE CONFINEMENT. 

Art. 5. Temporary punishments restricting personal liberty over 
a period not exceeding seven years and pecuniary punishments not 
exceeding 10,000 lire, whether considered separately or in conjunc- 
tion with the liberty restricting punishments inflicted or to be in- 
flicted are condoned, and to the same extent, the severer punish- 
ments are curtailed, provided suspension or dilation has not been 
ordered. 

The punsihment of solitary confinement for life is reduced by one 
grade. To be excluded from said pardon are deserters to the enemy 
and individuals convicted for treachery and offenses against enlist- 
ment as j)rovided m diverse provisions by articles 74 and 77, para- 
graphs 1 and 2, of the military penal code, and articles 75 and 76, 
paragraphs 1 and 2, of maritime military penal code. 

Art. 6, Convictions to military reclusion and of confinement in- 
flicted or to be inflicted are commuted to conditional convictions 
and at the same time are reduced by one-half if they reach to or 
exceed 20 years, and by one-third if less than 20 years. 

Art. 7. Punishments mflicted for offenses of which the suspen- 
sion or dilation of execution during the war has been ordained are 
commuted to conditional punishments; and if over five years, to be 
reduced to this limit. 

CUMULATION OF BENEFITS. 

Art. 8. The provisions of the present decree are also applicable 
by the ordinary judicial authorities competent in accordance with 
Royal Decrees No. 160 of February 21, 1919, and No. 1083 of July 
4, 1919. For such application the said authorities will refer to the 
punishments commmated by the military laws. The provisions of 
the present decree relative to the offense of desertion are also appli- 
cable to soldiers that have committed the offenses as established in 
the last paragraph of article 8 of Royal Decree No. 561 of April 29, 
1915. 

Art. 9. In the event of concurrence of more than one of the bene- 
fits as conceded by the provisions of the present decree, in favor of 
the same person, the most favorable benefit will be applied. The 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 21 

same rule is applicable in the event of a same person, and for a same 
offense, benefiting by the concurrence of concessions made as per 
royal decree February 21, 1919, No. 157. For the case of concurrence 
of the benefit of reduced punishment with that of conversion to 
conditional conviction, the two benefits cumulate. 

Art. 10. In the case of concurrence of offenses and punishments 
the amnesty will be applied without distinction to each offense. 

The amnesty is applied once after cumulation of the punishments 
in accordance with the laws. 

The provisions for temporary release from prison in favor of those 
who, in virtue of the present decree, are entitled to dimission, can be 
made by the general military advocate or by officers of military 
justice as may be delegated by him. 

Art. 11. In all cases in which, in virtue of the present decree, the 
conviction be commuted to conditional conviction, the commutation 
is affirrhed and the conviction ceases to take effect if the person con- 
victed does not commit within the limit of five years from the date 
of the present decree any offense as foreseen in the military penal 
codes or any crime presented by the common penal code or by other 
penal laws or otherwise expiated in accordance with the law prior to 
revocation on the part of the ordinary judge or military judge that 
passed the last sentence. 

DEGRADATION. 

Art. 12. The provisions pertaining to the loss of rank and to the 
suspension of employment inflicted or to be inflicted also as acces- 
sory to the punishment of restricted personal liberty for which the 
amnesty has intervened with pardon and commutation of punish- 
ment, will cease to take effect on application of the person concerned 
and pursuant to the opinion accordingly moved by the superior 
tribunal of war and marine, against which no complaint can be lodged, 
neither judicially nor through administrational channels. The 
opinion to be expressed following the deliveration of the council 
according to the prescribed rules laid down for deliverations of sen- 
tences; after hearing the conclusions drawn by the general military 
advocate and taking into consideration the sentence passed, the acts 
of penal procedure and every moral and juridical circumstance of 
the case. The supreme tribunal can also institute summary inquiries 
and address rogatory notes to the consular and judicial authorities. 
The application must be sent in by the person concerned within 180 
days from the date on which the present decree comes into operation. 

REINTEGRATION OF RANK. 

Art. 13. The reintegration of rank is conceded by royal decree 
where the question concerns officers, and by ministerial decree in 
every other case. 

Reintegration takes effect in the same rank as held by the soldier 
at the time of the conviction with recognition of the seniority enjoyed 
formerly. 

Art. 14. The present decree is applicable to offenses mentioned 
therein, which were committed prior to the date it bears, and becomes 
operative on the day of publication in the Gazetta Ufficiale del 
Regno, 



22 AMNESTY TO PEISOITEES SINCE THE ABMISTICE. 

COMMON OFFENSES. 

Article 1. Amnesty is granted: 

1. For every offense committed through the medium of the press 
before July 28, 1919. 

2. For erimmal offenses as established in article 371 (criminal man- 
slaughter) and 375 (criminal wounding) of the Penal Code, and for 
every criminal offense as established by the provisions of royal 
decrees, or proclamations of the military authorities. 

3. For offenses respecting which the exercising of a penal action 
is still suspended by reason of the disposition of Royal Decree No. 811 
of July 10, 1915, if the suspension is derived from military service 
done by the person accused and provided the question concerns 
offenses punishable by a penalty of restricted personal liberty not 
exceeding a maximum of 10 years, or by a pecuniary penalty of any 
amount both separate from or accompanied by said penalty. 

4. For any offense imputed: (a) To the person who prior to the 
date of the offense was declared to be disabled because of wounds 
or infirmities suffered during war service or through act of war 
included in the first eight categories of table (a) annexed to decree 
No. 876 of May 20, 1917; (&) to the person who prior to the date of the 
offense had gained two medals for valor, or had been promoted 
twice or had receiyed one medal for valor and one promotion. 

5. For offenses punishable by a penalty restricting personal 
liberty not exceeding five years, or by pecuniary penalty for any 
amount either separately or accompanied by said penalty if the 
person accused has gained one medal for valor or received one pro- 
motion prior to the date of the offense. 

6. For offenses contemplated under articles 115, 118, and 130 (com- 
prised in the list of criminal acts against the country and the State 
powers) and in respect of these under article 134 of the Penal Code 
as well as for those contemplated under articles 133, 139, 140, and 141 
of the same code. 

OFFENSES FOR POLITICAL CAUSES. 

7. For offenses committed during popular disturbances, public 
demonstrations, and agitations consequent on political causes and 
economical causes, homicide excluded, and the offenses included under 
article 372, Nos. 1 and 2 (personal injuries); articles 373, 408, and 
409 of Penal Code (in respect of robbery and extortion) . 

8. For offenses against freedom and labor (arts. 165 and 167 of the 
Penal Code) committed before July 22, 1919. 

9. For offenses of undue abandonment of one's own duty (art. 181, 
Penal Code). 

10. For the crimes of violence and resistance against the authorities 
(arts. 187 and 190 of the Penal Code), and of outrages committed 
against persons vested with public authority (arts. 194 to 196 of the 
Penal Code). 

1 1 . For crimes of instigation to transgress and in respect of which, 
as contemplated under article 251 of the Penal Code, provided the 
person condemned has not undergone any preceding conviction for 
this kind of offenses and provided the offenses were committed before 
July 22, 1919. 

12. For offenses as projected in royal decree No. 574 of May 23 
1915, containing extraordinary provisions for the public safety. 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 23 

13. For crimes included in articles 381 and 382 of the Penal Code 
(in respect of criminal abortion). 

14. For offenses against property, not included in the preceding 
numbers for which the penal action can not be taken without a com- 
plaint being lodged. 

15. For contraventions as included in articles 434 to 446, 453 to 
459 (contraventions concerning public order) ; 475, 476, 482 (public 
safety) ; 493, 494 (public protection of property) of the Penal Code 
in the articles 1, 7, and 8 of the police service act of June 30, 1889, 
No. 6144, series 3A, and for those included in proclamations issued by 
military commands against civilians. 

16. For any crime not contemplated in the preceding numbers and 
punishable by the sole pecuniary penalty not exceeding 100 lire and 
by the penalty of restricted personal liberty not exceeding one months 
whether separately or accompanied by the said pecuniary penalty. 
Excluded from this benefit are the violations of royal decrees Nos. 
1146 and 1296 of July 13 and 14, 1919, and No. 1360 of August 3, 1919. 

For cases indicated at numbers 4 and 5 the party concerned must 
supply the public prosecutor with the proofs requisite for the applica- 
tion of the amnesty. 

In the case indicated at number 3 the amnesty is exclusively 
personal. 

Art. 2. In favor of persons that have had no preceding conviction 
for crime, a reduction of one-half of the penalty not exceeding 3,000 
lire as well as the penalty of restricted personal liberty not exceeding 
one year, whether separately or accompanied by pecuniary penalty, 
is conceded provided the dispositions oi the preceding article are not 
applicable to said convictions. Excluded from pardon are the con- 
victions for violation of royal decrees Nos. 1146 and 1294 of July 13 
and 24, respectively, and No. 1360 of August 3, 1919. 

Art. 3. The amnesty and dispensations as provided in the two 
preceding articles are applicable to the penal actions and to the con- 
victions in accordance with articles 86 and 87 of the Penal Code. In 
the case of concurrence of offenses of penalties, the amnesty is appli- 
cable to each separate offense, the partial amnesty is applicable but 
once — in conformity with the provisions laid down under article 77 
and successive articles of the Penal Code. If the case concerns 
pecuniary penalty and that of restricted personal liberty, the partial 
amnesty is applicable to both. 

Art. 4. The power of the present decree is extended to offenses 
included in same, which were committed up to the date preceding the 
date of the decree itself, except as established at numbers 1, 3, 4, 5, 8, 
and 11 of article 1. 

Where the question concerns continued offenses or permanent 
offenses, the present decree is applied only in case the continuation 
or permanency shall have ceased not later than the tenth day prior 
to the date of said decree. This does not prejudice civil actions 
consequent on offenses nor the rights of a third party, nor the action 
of the Public Treasury in exacting the rights of judicial officials 
dependent from ordinances or sentences that have become irrevocable. 

PECUNIARY PENALTIES. 

Surtaxes and pecuniary penalties incurred and not paid up to the 
date of the present decree for infraction of the law: 
(a) On taxes of registration and succession; 



24 ' AMNESTY TO PRISOlSrEES SIISTCE THE AEMISTICE. 

(h) On taxes by stamps; that is to say: 

1 . Taxes included in general tariff, inclosure (A) of the text of the 
law on tax stamps, No. 135 of January 6, 1918. 

2. Taxes included in the special tariffs, inclosure (B) of the said 
single tax, relative to notes and bills of restaurants, wineshops, cafes, 
and other public functions; tickets on betting; on tickets for public 
entertainments; on perfumes and patent medicines; on jewelry and 
precious stones in general. 

3. Taxes on urban and suburban tramways, urban omnibus, and 
navigation tickets as per decree No. 560 of April 23, 1918. 

4. Taxes doubled as per decree No. 1134 of August 1, 1918. 

5. Taxes on receipts, notes, and bordereaux relative to the entrance 
of merchandise and orders of withdrawal from the general stores; on 
the seasoning, purging, and weighing of silks, as per decree 1818, of 
November 17, 1918. 

6. Taxes on the call for civil and commercial judgments as per 
decrees No. 1669 of October 17, 1918, and No. 230 of February 27, 
1919. 

7. Taxes on announcements in the papers, in periodicals and other 
publications, as per decrees No. 1825 of November 17, 1918, and No. 
2003 of December 22, 1918. 

CONCERNING RAILWAYMEN. 

Article 1. In regard to the penalties imposed on the personne J 
of the state railways for faults committed within the period dating 
from May 24, 1915, to the date of publication of the present decree 
as per articles 37, 38, 39, 40, 41, 42 (excluded commas I, III, IV, V, 
yi, VII, VIII, X, XIV, XVIII, XIX, when the provision laid down 
in art. 51 has been applied), of the rules and regulations of the person- 
nel as approved by royal decree No. 417, of July 22, 1906, and as per 
articles 180, 181, 182, 183, 184, 185, 186, 187, (excluded commas 
C, p, F, G), 188 (excluded commas A, B, D, F, G, H, K, N, P), when 
article 195 of the regulations for the personnel as approved by decree 
No. 1393, of August 13, 1917, has not been applied, the following 
provisions will be adopted, coming into operation, from the date of 
publication of the present decree: 

(a) The cessation of every ulterior effect of censures, fines, sus- 
pensions of service, and retributions, of suspensions of rank and 
salary, of prorogation of the limit set for the normal increase in 
salary or wages, of degradations and retrocessions applied at the 
date of publication of the present decree, and therefore without re- 
troactive effect; 

(b) The censures, fines, suspensions of service and retributions, 
suspension of rank and salary, prorogations of the limit fixed for the 
normal increase in salary or wages, degradations, and retrocessions 
imposed for faults committed as per first comma and not applied up 
to the date of publication of the present decree, shall be condoned, 
with cessation of every ulterior effect; 

(c) Cessation of disciplinary measures for provisions not unfolded 
at the date of publication of the present decree, consequent on the 
faults committed as per comma I. 

Art. 2. The administrative board of the State railways is author- 
ized to examine each case as presented by the persons interested and 
decide in regard to readmission of ex- agents that were revoked and 
dismissed for faults as per article 1. 



AMNESTY TO PRISONEKS SHnTCE THE AEMISTICE. 25 

Art. 3. The administrative board of the State railways is further 
authorized to examine and take a decision upon each case as pre- 
sented in regard to the readmission of ex-agents dismissed by right 
of article 189, of the rules and regulations governing the personnel, 
for convictions comprised in the provision exposed in the amnesty as 
per royal decree No. 1501 of September 2, 1919. 

Applications of persons concerned as per the present article and 
that preceding, should be presented within two months of the date 
of publication of the present decree, and not beyond two months 
from the release from military service where ex-agents are concerned, 
and not over two months from the communication of the disciplinary 
measure for the proceedings in course of development, of revocation,, 
or dismissal, as per articles 2 and 3, not yet expiated. 



Summary of Belgian law passed October 31, 1919, granting am- 
nesty to military prisoners for offenses committed prior to October 
4, 1919. 

By this law amnesty is granted for the following offenses or crimes : 

1. Desertions, subsequent to November 11, 1918, for periods not 
exceeding one month. 

2. Misdemeanors, including embezzlements and thefts, perpetrated 
by first offenders, and by second offenders with certain reservations. 

3. Infractions qualified as ''in the presence of the enemy" for first 
offenders who are being or are to be punished by a sentence not ex- 
ceeding five years, or by sentences of imprisonment, or by sentences 
not exceeding 10 years' detention. (For second offenders the con- 
ditions of the law are less leni-ent.) 

4. Violence against senior officers and whence committed by a 
soldier in a house, where he has been lodged by the municipality, 
against an inhabitant of the house. (Differentiation is again made 
between fii'st and second offenders.) 

The following are excepted from the terms of the amnesty: 

1. Crimes and misdemeanors against the safety of the State. 

2. Desertions prior to November 11, 1919. 

3. Desertions, except those after November 11, 1918, and the dura- 
tion of which did not exceed 15 days. 

4. Desertions lasting more than six months; desertions to the 
enemy; voluntary mutiny. 

5. Recalcitrants and defaulters belonging to any contingent called 
to the colors during the war. 

As ''first offenders" in the above are considered those who have 
not been condemned for military crimes or misdemeanors; all those 
previously condemned of any of these infractions are considered 
"second offenders." 

In no case can amnesty be opposed to rights of the State; neither 
can the amnesty be opposed to the rights of third parties. The 
military jurisdiction continues competent to judge civil actions in 
spite of the amnesty. Amnesty does not entail restitution of decora- 
tions, titles, function, etc., which have been withdrawn. 



26 AMNESTY TO PRISOIfEIlS SINCE THE ARMISTICE. 

PROCLAMATION. 

Whereas there is a considerable number of persons undergoing 
imprisonment, or subject to charges of prosecutions pending, or 
which may be instituted for offense against the mihtary service act, 
1917, and the order and regulations of the governor in council respect- 
ing military service, or for offenses committed in Canada against 
military law punishable by courts-martial described in sections 4 to 
40, inclusive of the army act: 

And whereas our governor general in council thinks it expedient, 
in view of the restoration of peace and for the general purposes of 
reestablishment, that an amnesty should be graciously extended to 
all such offenders so that those now undergoing imprisonment may 
be discharged; so that pending prosecutions for the offenses afore- 
said may be stayed; so that the apprehension and prosecution of 
such offenders may be discontinued, and so that all offenses hereto- 
fore committed of the classes hereinbefore described, and the penalties 
thereby incurred and not actually enforced and paid, shall be generally 
pardoned, forgiven and remitted. 

Now know ye that by and with the advice of our Privy Council of 
Canada we do by these presents grant amnesty to all offenders under- 
going imprisonment or who are subject to charges or prosecutions 
pending, or which may be instituted for offenses against the military 
service act, 1917, and the orders and regulations of our governor in 
council respecting military service, or for offenses committed in 
Canada against military law punishable by courts-martial described 
in sections 4 to 40 inclusive of the army act : So that those now under- 
going imprisonment may be discharged; so that pending prosecu- 
tions for the offenses aforesaid may be stayed; so that the appre- 
hension and prosecution of such offenders may be discontinued, and 
so that all offenses heretofore may be discontinued, and so that all 
offenses heretofore committed of the classes hereinbefore described, 
and the penalties thereby incurred and not actually enforced and 
paid shall be, and the same are hereby, pardoned, forgiven, and 
remitted. 

Of all which our loving subjects and all others whom these presents 
may concern, are hereby required to take notice and to govern them- 
selves accordingly. 

In testimony whereof, we have caused these our letters to be made 
patent, and the great seal of Canada to be hereunto affixed. 

Witness: Our Right Trusty and Right Entirely Beloved Cousin 
and Counsellor, Victor Christian William, Duke of Devonshire, 
Marquess of Hartington, Earl of Devonshire, Earl of Burlington, 
Baron Cavendish of Hardwicke, Baron Cavendish of Keighley, Knight 
of Our Most Noble Order of the Garter; One of Our Most Honorable 
Privy Council ; Knight Grand Cross of Our Most Distinguished Order 
of Saint Michael and Saint George; Knight Grand Cross of Our 
Royal Victorian Order; Governor General and Commander-in-Chief 
of Our Dominion of Canada. 

At Our Government House, in Our City of Ottawa, this twentieth 
day of December, in the je&r of Our Lord one thousand nine hundred 
and nineteen, and in the Tenth year of Our Reign. 

E. L. Newcombe, 
Deputy Minister oj Justice, Canada. 

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